Foster v. United States’s Empirical Analysis

Citation profile

21 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he court must decide whether the statement incriminates the defendant against whom it is inadmissible in such a way as to create a `substantial risk' that the jury will look to the statement in deciding on that defendant's guilt. Such an assessment may require consideration of other evidence in order to determine whether mere deletion of the defendant's name will be effective in making the statement non-incriminating as to him. But consideration of the weight of independent evidence is both improper and unnecessary to determination of the Bruton issue at the trial court level.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Tucker · State v. Tucker

2. “"In order to determine whether a substantial risk exists [that the jury will improperly use the confession against the non-confessing codefendant], `the trial court must consider the degree of inference the jury must make to connect the defendant to the statement and the degree of risk that the jury will make that linkage despite a limiting instruction.' The trial court's assessment as to whether the redaction effectively avoids linkage with the defendant must be make in the context of other evidence admitted at trial."”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Gray · State v. Gray

3. “On March 10, 1983, Foster, Washington and Gilliam [sic] went into an 'oil joint’ on U Street in the District of Columbia. An 'oil joint’ is a place where persons go to inject narcotics. When they entered, they drew guns and Foster announced that this was a stick-up. The robbers searched those who were present and took their property. Unfortunately for Alfred Lunsford, as it turned out, Lunsford recognized Foster and called him by his nickname ‘Rock.’ Foster angrily warned those present not to say his name again or that person would be hurt. Lunsford responded ‘Okay, Rock.’ Being true to his word, Foster shot Lunsford through the head, killing him.”

   1 later decision quote this exact passage
   e.g. Gillum v. United States